Comparative Study On Land Exproriation System In China And Vietnam

With the development of social economy, the transformation of economic structure and new-type urbanization, the demand for land is increasing. However, the land resource is very scarce in China. The ownership of land in China includes two forms, that is, state ownership and collective ownership. Only when expropriated can collectively-owned land be used as construction land, and the supply structure of urban construction land is faced with reforms. Thus a sound system of land expropriation is very important to the whole economic reform. The present land expropriation system in China has revealed a series of problems, which are mainly concentrated in purpose, procedures, compensations and resettlement, etc. Our neighboring Vietnam is also undertaking social innovation; we should draw lessons from the reform of their land system, especially the land expropriation system.Based on the study of Chinese and foreign literature about land expropriation system and the land law in China and Vietnam, combining the theory of public interest, procedures, compensation, resettlement and relief, this article introduces the land system of two countries. It also compares the changes in the land expropriation process. It emphatically analyzes different definitions of public interest, the establishment of the process of land expropriation, the implementation of expropriation compensation and the measures of resettlement in two countries.According to the result of the research, this article mainly put forward the following suggestions to perfect the system of land expropriation in our country:to strictly determine the scope of public interests; to set up front consultation procedures and a strict public interest confirmation process; to strengthen public participation process; to improve compensation and resettlement program; to effectively implement the land acquisition relief program; to strengthen oversight mechanisms; to create land rotation program; to establish reasonable compensation principle; to raise the standard of compensation for expropriation; to expand the range of compensation for expropriation; to enrich compensation mode; optimization of land value-added income distribution; to optimize the role of government; to enact specific "Land Acquisition Act"; to improve the rural land property right system; establishment of rural land markets; to identify the relations between collective and individual rights in land expropriation; to perfect the system of land use planning; the linkage reform of land, household and the financial system.